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PHILIPPINES

Since July 2022, entry into force in February 2023

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
The Philippines has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

PHILIPPINES

Since 2000

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
The Philippines has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

PHILIPPINES

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
The Philippines has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

PHILIPPINES

Since June 2022
Since March 2000, as amended in December 2021
Since March 2022

Pillar Online sales and transactions  |  Sub-pillar Maximum foreign equity share for investment in the e-commerce sector
Executive Order No. 175 Promulgating the Twelfth Regular Foreign Investment Negative List

Retail Trade Liberalization Act of 2000

Implementing Rules and Regulations of the Retail Trade Liberalization Act of 2000 as amended by Republic Act No. 11595
According to List A of the Twelfth Regular Foreign Investment Negative List and Section 5 of the Retail Trade Liberalisation Act, as amended by Republic Act No. 11595, foreign investment in small retail enterprises is restricted to Philippine nationals. Retail trade businesses with capital below USD 500,000 are exclusively reserved for Filipino citizens. In addition, Section 3 of Rule III of the Implementing Rules and Regulations of the Retail Trade Liberalisation Act explicitly stipulates that this limitation extends to foreign retailers operating solely through online platforms.
Coverage E-commerce sector
Sources

PHILIPPINES

Since July 2022

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Subscriber Identity Module (SIM) Card Registration Act
According to Art. 5 of the Subscriber Identity Module (SIM) Card Registration Act, the Philippines imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector

PHILIPPINES

Reported in 2022, last reported in 2023

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Blocking or filtering of commercial web content
In June 2022, the national security advisor of the Philippines requested the National Telecommunications Commission (NTC) to block 27 websites, alleging their affiliation with "Communist-Terrorist" groups and citing the Anti-Terror Act as justification. The targeted websites included Philippine news sites Bulatlat and Pinoy Weekly, as well as several affiliated with the Communist Party of the Philippines (CPP). Some users experienced difficulty accessing Bulatlat and Pinoy Weekly following the blocking order. Toward the end of August 2022, Bulatlat reportedly became accessible again after a regional trial court found the NTC in indirect contempt of an earlier court injunction favouring the outlet. Despite the decision to restore access to Bulatlat, the NTC's blocking order remained in force. In October 2022, the same regional trial court reaffirmed its writ of preliminary injunction against the NTC despite appeals from the commission, ensuring continued access to Bulatlat and, in effect, to the other listed websites as well. As of June 2023, reports indicate that some of the 27 websites remained blocked on certain networks.
Coverage Online websites

PHILIPPINES

Reported in 2024

Pillar Content access  |  Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Philippines for the year 2023. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal

PHILIPPINES

Since June 1991, last amended in March 2022
Since June 2022

PHILIPPINES

Since August 2017

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Republic Act No. 10697 - Strategic Trade Management Act, particularly the National Strategic Goods List - Annex 2: List of dual use strategic goods
In 2017, the Philippine government enacted the Philippine National Strategic Goods List Annex 2, regulating the strategic dual-use items for both export and import for national security reasons. Some of these dual-use items are electronics and computers that reach a specific technical level that qualifies them as fit for military use.
Coverage Dual use strategic goods, which refers to a broad list of products (e.g., electronics and computers)

PHILIPPINES

Reported in 2015, last reported in 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency in customs procedures
Corruption and irregularities in customs processing in the Philippines are reported to persist, including incidents of undue and costly delays, irregularities in the valuation process, inspection and 100% verification of some goods, and inconsistent assessment of fees.
Coverage Horizontal

PHILIPPINES

Since August 2017

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Export restrictions on ICT goods or online services
Republic Act No. 10697 - Strategic Trade Management Act, particularly the National Strategic Goods List - Annex 2: List of dual use strategic goods
In 2017, the Philippine government enacted the Philippine National Strategic Goods List Annex 2, regulating the strategic dual-use items for both export and import for national security reasons. Some of these dual-use items are electronics and computers that reach a specific technical level that qualifies them as fit for military use.
Coverage Dual use strategic goods, including electronics and computers

PHILIPPINES

Since January 2015

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Certification requirement
Self-declaration of conformity is not allowed in the Philippines. Audio and video products such as TVs and LCD panels marketed in the Philippines are required to be certified according to the relevant Philippine PNS safety standard, which is equivalent to the international IEC 60065:2007. There are two options:
- a voluntary license to use the Philippine Standard PS-mark on manufactured products as granted by the Bureau of Product Standards (BPS); or
- use of stickers with the mandatory Import Commodity Clearance (ICC)-mark on imported products.
Products must be tested within the Philippines, and applications must be submitted through a local representative. Additionally, periodic factory audits are required for the PS-mark.
Certification of some teleocom equipment types requires testing at the incumbent telecom carrier laboratories, while approval is based on a review of foreign standard test reports for other categories. The Philippines' National Telecommunication Commission (NTC) also issues certifications for telecom equipment that is connected to public network services.
Coverage Electronic products

PHILIPPINES

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
The Philippines has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

PHILIPPINES

Since August 2012, entry into force in September 2012
Since September 2012

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Data Privacy Act of 2012 (Republic Act No. 10173)

Republic Act No. 10175 - Cybercrime Prevention Act of 2012
Personal data in the Philippines is regulated under the Data Privacy Act of 2012 (RA 10173) and the Cybercrime Prevention Act of 2012 (RA 10175).
Coverage Horizontal

PHILIPPINES

Since September 2012

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Republic Act No. 10175 - Cybercrime Prevention Act of 2012
RA 10175 mandates that “traffic data and subscriber information relating to communication services shall be kept, retained, and preserved by a service provider for a minimum period of six months from the date of the transaction.” This minimum data retention requirement, while under judicial or investigative procedure, is costly for the service provider.
Coverage Telecommunication service providers

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